I. Basic Provisions
These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")
MITO LIGHT Europe s.r.o.
Co. Reg. No.: 19380879
VAT No.: CZ19380879
registered office: Simerova 428/3, 301 00 Pilsen, Czech Republic
registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 43852
phone: +420 735 333 997
(hereinafter referred to as the "Seller")
These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside his/her business activity as a consumer or within his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at www.mitolight.com. (hereinafter referred to as the "Online Shop") and the Shoptet sales system.
The provisions of the Terms and Conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract or other written agreement shall prevail over the provisions of these Terms and Conditions.
These Terms and Conditions and the Purchase Agreement are concluded in the English language.
II. Information on goods and prices
The subject of performance are products, goods or services according to the Seller's offer (hereinafter referred to as "goods"). Information about the goods, including the prices of individual goods and their main characteristics, is provided for each Good in the catalogue of the online shop. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
All presentation of the goods in the catalogue of the online shop is for information purposes only and the seller is not obliged to conclude a purchase contract in respect of these goods.
Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop applies only in cases where the goods are delivered within the Europe.
Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate. The buyer agrees to the use of remote means of communication in the conclusion of the contract.
The buyer orders the goods in the following ways:
- via his customer account if he has previously registered in the online shop,
- by filling in the order form without registration.
When placing an order, the buyer selects the goods, the number of items to be placed in the electronic shopping cart, the method of payment for the goods and the method of delivery. Unless otherwise agreed between the Seller and the Buyer, the Buyer acknowledges that the maximum number of pieces of each item ordered may be a maximum of 5 pieces , as the Seller is unable to provide a higher number of pieces.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the seller by clicking on the "Order with obligation to pay" button. By clicking on the "Order with obligation to pay" button, the consumer concludes the purchase contract. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form, entering the number of pieces in the maximum quantity according to the previous paragraph 3, and the Buyer's confirmation that he has read these Terms and Conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address. The Buyer expressly acknowledges that if he/she orders a larger quantity of goods than the maximum possible according to the previous paragraph 3., then the purchase contract is never concluded, even despite the delivery of an automatic confirmation of receipt of the order to the Buyer according to the previous sentence.
In the event that any of the requirements stated in the order cannot be fulfilled by the seller, an amended offer is sent to the buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these Terms and Conditions.
In the event that there is an obvious technical error on the part of the Seller in quoting the price of the Goods in the Online Shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at such obviously incorrect price even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.
IV. Customer account
Based on the Buyer's registration made in the online shop, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer breaches his/her obligations under the Purchase Agreement or these Terms and Conditions.
The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:
• for payment in EUR, by bank transfer to the Seller's bank account IBAN: CZ59 2010 0000 0024 0257 4276, BIC/SWIFT: FIOBCZPPXXX, maintained at Fio Bank
• for payment in AUD, BGN, CAD, CZK, DKK, GBP, HRK, HUF, CHF, ILS, JPY, MXN, NOK, PLN, SEK, SGD, THB, USD, by bank transfer to the Seller's bank account IBAN:CZ97 2060 0000 0000 0118 3881, BIC/SWIFT: CITFCZPPXXX, maintained at Citfin.
• On-line by Credit and Debit Card or Apple Pay or Google Pay via Comgate payment gateway.
• On-line via PayPal payment gateway.
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
In the case of non-cash payment by bank transfer, the purchase price is payable within 5 days of the conclusion of the purchase contract.
In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
The Seller does not require any advance payment or any other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of technical failure within 48 hours at the latest.
The goods are delivered to the buyer to the address specified by the buyer in the order
The choice of the delivery method is made during the ordering of the goods, and this choice cannot be changed after the conclusion of the purchase contract, unless the buyer and the seller agree otherwise.
The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the buyer's order and in the seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
If the Buyer fails to take delivery of the ordered goods from the contracted carrier, the Buyer runs the risk of being included in the database of unreliable customers and the dispatch of any further order will be conditional upon payment of the full price of the order by bank transfer.
In the event of non-acceptance of the goods, the Buyer shall be obliged to pay the Seller the actual costs incurred by the Seller in packing, shipping and subsequent return of the non-accepted goods. The Buyer acknowledges that these additional costs may be recovered by the Seller through a third party with whom the Seller has a debt recovery agreement.
In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
The Seller shall issue a tax document - invoice to the Buyer. The Buyer will receive the invoice by email within 10 days of receipt of payment. When ordering to countries outside of European Union, original invoice is always the one included in the package for customs purposes.
The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in breach of the purchase contract.
The Seller shall deliver the goods to the Buyer usually within 10 working days from the date of conclusion of the purchase contract. The Buyer acknowledges and agrees that this period may be extended by a further 5 working days, whereby such extension of the delivery period shall not be considered a material breach of the Purchase Contract. However, if the Seller fails to deliver the goods to the Buyer even within such extended delivery period, it shall be a material breach of the Purchase Contract and the Buyer shall have the right to withdraw from the Purchase Contract.
The Seller reserves the right to change the delivery date for goods that can be pre-ordered, even repeatedly. In the event of a substantial change in the delivery date (i.e. a change of 30 days), the Buyer has the right to withdraw from the contract. If the circumstances on which the Seller relied at the time of the Buyer's pre-order change to such an extent that the Seller cannot reasonably be required to be bound by the pre-order, the Seller shall have the right to cancel the pre-order without further notice and subsequently inform the Buyer thereof.
17. Disposal: In order to protect the environment, the device must not be disposed of in household waste at the
end of its useful life. Disposal must be carried out in accordance with local regulations through the relevant collection
points. The environmentally friendly disposal of electrical waste is ensured through the REMA System, a.s.
collection system. If you wish to dispose of your device, contact us at firstname.lastname@example.org and we will arrange a worldwide pick-up of your device at your address and will arrange transfer of the device over to a collection point of REMA System, a.s.. Dispose of the equipment in accordance with the Waste Electrical and Electronic Equipment
Directive 2002/96/EC - WEEE. If you have any questions, please contact the relevant municipal
authority responsible for disposal.
VI. Withdrawal from the contract
Consumer means any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with the seller who is an entrepreneur. The buyer as a consumer shall then always assert his rights under the concluded contract or rights arising from defective performance with the seller. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
The withdrawal period is 30 days from the date of receipt of the goods.
The Buyer may not, inter alia, withdraw from the Purchase Contract:
• the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
• on the delivery of goods which have been adapted to the wishes of the buyer or for his person,
• in the other cases referred to in Article 1837 of the Civil Code.
In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer. Withdrawal from the contract is effective upon delivery to the seller.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller without delay, no later than within 14 days from the effective date of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than 14 days after the withdrawal from the contract has taken effect, all monies, including the cost of delivery, received from the Buyer in the same manner as received from the Buyer. The Seller shall only return the funds received to the Buyer by other means if the Buyer agrees to this and if no additional costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer has handed over the goods to the seller.
The Buyer must return the Goods to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
The Seller is entitled to withdraw from the Purchase Contract due to stock-outs, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of notification of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.
VII. Rights arising from defective performance
The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the legislation.
If a defect appears within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew before taking over the goods that they were defective, and likewise if the buyer caused the defect.
In the event of a defect, the buyer can claim the defects, i.e. claim the goods and demand:
• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.
The buyer has the right to withdraw from the contract,
• if the goods have a material defect,
• if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
• in the event of multiple defects in the goods.
The Seller is obliged to accept the claim in any establishment where the acceptance of the claim is possible, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement of the claim the Buyer requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification of the rejection of the claim.
The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller is considered the moment of claiming.
The Seller shall inform the Buyer in writing of the outcome of the claim.
The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the item that the item has a defect or if the Buyer caused the defect himself.
In the case of a justified claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
The buyer has the choice of the method of claim, and the buyer chooses the method of complaint handling at the latest when notifying the seller of the defect. The Buyer is not entitled to change the choice made, unless the Seller agrees to it.
The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.
The Parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.
IX. Personal data
1. All information you provide when you work with us is confidential and will be treated as such. Unless you give us written permission, we will not use your information in any way other than for the purpose of performing under the contract, except for the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These communications may only relate to similar or related goods and can be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.
2. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
X. Out-of-court dispute resolution
The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to sell goods on the basis of a trade licence.
The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.
XI. Final provisions
All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the online shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A sample withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions and parts hereto come into force and effect on 1.7.2023.